Nebraska Revised Statutes
Neb. Rev. Stat. § 70-672 (2026)
Water rights; eminent domain; condemnation; procedure
✓ current as of July 2026
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Whenever the directors of an irrigation district vote to acquire and appropriate by the exercise of the power of eminent domain any water being used for power purposes, or whenever any person, firm, association, corporation, or organization seeks to acquire any water being used for power purposes and shall be unable to agree with the user of such water for power purposes upon the compensation to be paid to such power user, the procedure to condemn property shall be exercised in the manner set forth in Chapter 76, article 7.
Notes of Decisions
Cited in 3
cases, 1962–2010 · leading case: In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009).
In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009). “[11] Neb.Rev.Stat. § 70-672 (Reissue 2003). See, generally, Neb.”
Hickman v. Loup River Pub. Power Dist., 113 N.W.2d 617 (Neb. 1962). “It is further provided by section 70-672, R. R. S. 1943, that where the owner of a superior right seeks to acquire water being used for power purposes, and compensation to be paid cannot be agreed upon, the procedure to condemn property shall be exercised in the manner set forth…”
Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010). “In exercising a senior preference right, a junior appropriator may either agree with the senior appropriator on an amount constituting just compensation and enter a subordination agreement or, if no agreement is made, a junior appropriator may commence a condemnation proceeding…”
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